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(영문) 의정부지방법원 2016.08.26 2016고단2017
상해
Text

The defendant shall be innocent.

Reasons

1. Around July 30, 2014, around 14:30 on July 30, 2014, the summary of the charge against the Defendant was set up against the Victim A (46) and the Defendant’s hand over within the F plant located in Scheon-si E, in order to drive the Victim’s hand over, thereby damaging the Victim’s left hand 4th hand over, and thereby cutting down the Victim’s 4th hand over, which requires treatment for about 28 days on the left hand.

2. Determination

A. Among the evidence that correspond to the facts charged against the defendant, the remaining evidence except A’s statement is based on A’s statement or by itself is insufficient to prove the facts charged.

B. In light of the following circumstances acknowledged by the evidence of this case, A’s investigative agency and court made a statement to the effect that the Defendant, the sole direct evidence to acknowledge the facts charged, flicking A’s hand over at the time and place specified in the facts charged, thereby damaging A’s second hand over the left hand. In light of the following circumstances, it is difficult for A’s investigative agency and court to believe that the statement is made.

1) During the dispute between the Defendant and the Defendant, A stated that the Defendant was fluored by the Defendant’s left hand, but the Defendant did not see that the Defendant did so (the 62th page of evidence record, and the 3rd page of the witness examination of I) at the time of the Defendant’s argument (the 61st page of the steam record, and the 2, 3, and 6th page of the above record) that the Defendant used the roll in which the rap he was faced (the 61st page of the steam record, and the 2, 3, and 6th page of the above record) [A] In an investigative agency, whether the Defendant was fluored by the rap, and “hing”

’며 시늉을 해서 A이 랩 롤을 손으로 치우니까 피고인이 A의 왼손을 잡고 비틀었다고

On the other hand, the Defendant made a statement to the effect that he was able to catch A’s hand while rap rolling (Evidence No. 138 pages). However, the court made a statement to the effect that the Defendant was able to buy A’s left arms with rap cited by the Defendant, and at the same time, the Defendant felled from the rap so as to inflict the Defendant’s left hand.

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